Is the Landlord correct in not securing my deposit?

[Micoolcaine]

Hi Guys,

I moved into a 2 bed shared apartment with a 6 month contract, the previous tenant used their 6 month break clause, which is when I moved in. My deposit was paid to an existing tenant who then said this will be paid to the out going tenant (Was stupidly impatient and in need of any roof over my head) No invoice was ever received. Everything was fine, the other tenants moved out and my contract became a rolling contract. It was an AST tenancy.

Things got weird when my Landlord started to 'threaten' me with finding a new tenant even though this is their job.

Long story short, when asking about my deposit, my landlord is saying my agreement is with the tenant so any disputes I may have should be with them (no longer in contact) but the Landlord has the deposit as they said they will release it to me when I leave.

Is there any situation like this where the Landlord does not have to secure a deposit in name?

The tenancy is signed with the Landlord, the agreement states "The deposit will be paid to the Landlord or his agents etc etc"


Thanks.

[Micoolcaine]

Re: Is the Landlord correct in not securing my deposit?

A super bump, still needing some advice own this one.

- - - Updated - - -

A super bump, still needing some advice own this one.

[bluezulu]

Re: Is the Landlord correct in not securing my deposit?

The landlord should have 1. protected the deposit and 2. provided the prescribed information within 30 days. If he has not done both, you will be entitled to a full refund of your deposit and a penalty of between 1-3 times the amount of the deposit. Follow the guidelines in this Tenancy Deposit Enforcement pack, starting by asking the landlord in writing (and get a free certificate of posting from the post office) to confirm whether the deposit has been protected and in which scheme:

http://www.unipol.org.uk/getmedia/1e...k-Web.pdf.aspx

[Openlaw15]

Re: Is the Landlord correct in not securing my deposit?

Hi Guys,

I moved into a 2 bed shared apartment with a 6 month contract, the previous tenant used their 6 month break clause, which is when I moved in. My deposit was paid to an existing tenant who then said this will be paid to the out going tenant (Was stupidly impatient and in need of any roof over my head) No invoice was ever received. Everything was fine, the other tenants moved out and my contract became a rolling contract. It was an AST tenancy.

Things got weird when my Landlord started to 'threaten' me with finding a new tenant even though this is their job.

Long story short, when asking about my deposit, my landlord is saying my agreement is with the tenant so any disputes I may have should be with them (no longer in contact) but the Landlord has the deposit as they said they will release it to me when I leave.

Is there any situation like this where the Landlord does not have to secure a deposit in name?

The tenancy is signed with the Landlord, the agreement states "The deposit will be paid to the Landlord or his agents etc etc"


Thanks.

Your landlord has to pay you and he can sue the previous tenant for losses.

[Micoolcaine]

Re: Is the Landlord correct in not securing my deposit?

Thank you guys, appreciate the help.

[Micoolcaine]

Re: Is the Landlord correct in not securing my deposit?

I just wanted to clarify after doing a bit more reading. Because the deposit was paid to the tenant, does the LL have the right too say they have no information regardless the deposit as it wasn't paid directly to them?

My LL is insisting that my agreement is with the tenant as that's who I paid the deposit to. Obviously they're telling me it'll be released when I leave confirms they have /A/ deposit.

If so, will get the above letter sent out.

[bluezulu]

Re: Is the Landlord correct in not securing my deposit?

Did the LL tell you to pay the deposit directly to the tenant? Was it cash?

When did the tenancy start? Is your name on the tenancy agreement together with another tenant for the whole apartment (a joint AST) or do you have a sole tenancy for just one room with the terms permitting a share of the rest of the apartment?

[Micoolcaine]

Re: Is the Landlord correct in not securing my deposit?

Did the LL tell you to pay the deposit directly to the tenant? Was it cash?

When did the tenancy start? Is your name on the tenancy agreement together with another tenant for the whole apartment (a joint AST) or do you have a sole tenancy for just one room with the terms permitting a share of the rest of the apartment?

Start date of tenancy was July 1st 2015, my name is the sole name on the tenancy for just the one room with sharing facilities with other tenant.

The LL didn't directly tell me, but would have told the current tenant on how they wanted the deposit paying. I paid via bank transfer to the tenant.

As it stand I'm guessing the current house mates deposit is still being held despite her not being here, the LL is happy to release this to me upon leaving.

Thanks again.

[Crazy council]

Re: Is the Landlord correct in not securing my deposit?

Do you have any paperwork from the tenant, or bank trans-fair records.

You will at least need the agreement off the old tenant that this happened and how it happened, basically, you should not have done this.

How much was the bond/deposit. ?

[Micoolcaine]

Re: Is the Landlord correct in not securing my deposit?

Hi,

No paperwork but have the bank record. It was for £520.

In addition my s21 notice expires in 2 days and the LL says they're coming to collect the keys, should I respond to this? Stay at home to meet them or just ignore?

I should have a new place in a few weeks

[bluezulu]

Re: Is the Landlord correct in not securing my deposit?

You need to get some evidence about the status of the deposit. If you have the LL's email address, ask him to confirm that you will receive your deposit back from him after you leave.

If you don't have his email address, call him on speaker and use another mobile to record the conversation.

Do you actually want to leave?

The S21 notice is invalid if LL has not protected your deposit AND provided you personally with the prescribed information, so if you want to stay, advise LL that you intend to remain, but get the evidence of the deposit first! If you stay for a few weeks into a new rental period, you will be liable for rent for the full period unless LL agrees to you leaving early. If you do stay, ensure that you continue to pay the rent so you keep on the right side of the courts if you do make a claim for the deposit penalty.

As you have a sole tenancy it is entirely the LL's problem to find another tenant but I am guessing he wants you out as it will be easier to let the apartment as a joint tenancy.

[Micoolcaine]

Re: Is the Landlord correct in not securing my deposit?

You need to get some evidence about the status of the deposit. If you have the LL's email address, ask him to confirm that you will receive your deposit back from him after you leave.

If you don't have his email address, call him on speaker and use another mobile to record the conversation.

Do you actually want to leave?

The S21 notice is invalid if LL has not protected your deposit AND provided you personally with the prescribed information, so if you want to stay, advise LL that you intend to remain, but get the evidence of the deposit first! If you stay for a few weeks into a new rental period, you will be liable for rent for the full period unless LL agrees to you leaving early. If you do stay, ensure that you continue to pay the rent so you keep on the right side of the courts if you do make a claim for the deposit penalty.

As you have a sole tenancy it is entirely the LL's problem to find another tenant but I am guessing he wants you out as it will be easier to let the apartment as a joint tenancy.

Thank you.

Excuse my typing I'm on my phone.

I would like to leave but finding a new place has been a struggle.

The only evidence of deposit I have really are from emails below which clearly shows they've received it.


"I will need proof in writing from all suppliers this is the case, please provide this asap so I can release your deposit when required. If this is not the case the amount pending will be deducted from you deposit"

.....

"Your deposit was with Xyz as you never had any agreement with me and is a total of £520 from what Xyz told me. I

To date you have made no agreements with me on the deposit amount only Xyz so if you have any disagreements with this you will need to pick up with her directly"

[bluezulu]

Re: Is the Landlord correct in not securing my deposit?

I'd send the LL something along these lines:

"Dear LL,

As you are aware, at the start of the tenancy, to expedite the deposit return I was told by Xyz to transfer my deposit directly to their bank account and she returned it to the outgoing tenant on your behalf.

Please will you confirm that you are still holding the outgoing tenant's deposit, which became my deposit by default, and that you will return this to me after my tenancy ends, subject to any legitimate deductions."

If you can get this evidence to confirm that the LL accepts that he is in reality holding your deposit, then this will strengthen your position regarding both the option to stay on if you need to (as S21 is invalid) and to get the 1-3 times deposit penalty.

[Micoolcaine]

Re: Is the Landlord correct in not securing my deposit?

I'd send the LL something along these lines:

"Dear LL,

As you are aware, at the start of the tenancy, to expedite the deposit return I was told by Xyz to transfer my deposit directly to their bank account and she returned it to the outgoing tenant on your behalf.

Please will you confirm that you are still holding the outgoing tenant's deposit, which became my deposit by default, and that you will return this to me after my tenancy ends, subject to any legitimate deductions."

If you can get this evidence to confirm that the LL accepts that he is in reality holding your deposit, then this will strengthen your position regarding both the option to stay on if you need to (as S21 is invalid) and to get the 1-3 times deposit penalty.

Thank you, I'll see what they say and will be very intrigued by their answer and guessing they will firstly say they were unaware it was on their behalf but will agree to the deposit becoming mine.

[Micoolcaine]

Re: Is the Landlord correct in not securing my deposit?

I'd send the LL something along these lines:

"Dear LL,

As you are aware, at the start of the tenancy, to expedite the deposit return I was told by Xyz to transfer my deposit directly to their bank account and she returned it to the outgoing tenant on your behalf.

Please will you confirm that you are still holding the outgoing tenant's deposit, which became my deposit by default, and that you will return this to me after my tenancy ends, subject to any legitimate deductions."

If you can get this evidence to confirm that the LL accepts that he is in reality holding your deposit, then this will strengthen your position regarding both the option to stay on if you need to (as S21 is invalid) and to get the 1-3 times deposit penalty.

The LL replied with the below.

I have no idea why they said they know nothing about the deposit agreement as "its between me and the tenant" when clearly as it shows, they are holding it and they have their own deposit agreement, so which one is it... They've contradicted themselves.

"Your deposit will be released subject to the below;

- all bills paid up to date of moving out 2nd June. proof of payments are provided and the supplier agrees receipt of payments.

- property is left in good working condition and cleaned

- furniture is not damaged/broken"